Pubdate: Fri, 12 Jul 2013
Source: Prince George Citizen (CN BC)
Copyright: 2013 Prince George Citizen
Contact:  http://www.princegeorgecitizen.com/
Details: http://www.mapinc.org/media/350
Author: James Keller
Cited: Sensible BC: http://www.sensiblebc.ca
Cited: Stop the Violence BC: http://stoptheviolencebc.org/

POT ACTIVIST GETS OK TO COLLECT SIGNATURES FOR PETITION

VANCOUVER - A British Columbia pot activist has received the green 
light to press ahead with a petition that, if successful, would force 
the provincial government to address the question of marijuana reform 
and could eventually see voters casting ballots on the issue.

Dana Larsen is using the province's unique initiative legislation to 
propose a law that would effectively decriminalize pot by preventing 
police from enforcing simple possession laws.

Elections BC announced Thursday that Larsen's petition, which 
outlines proposed changes to the provincial Police Act, has been 
approved, giving Larsen and his Sensible BC campaign two months to 
sign up canvassers and prepare to start collecting signatures on Sept. 9.

To succeed, Larsen must then collect the signatures of 10 per cent of 
registered voters in each of the province's 85 ridings by November. 
That would either force a vote in the legislature or a province wide, 
non-binding referendum.

"We've got a pretty good shot at it, I think, but it's very 
challenging," Larsen said in an interview Wednesday.

"What I am confident about is that if we get on the ballot, we will 
win a resounding majority in a referendum. We have incredible public 
support for this."

The push for decriminalization has gained steam in B.C., with several 
prominent former politicians, including former Liberal attorney 
general Geoff Plant and former NDP premier Ujjal Dosanjh, calling for 
the legalization and regulation of marijuana. Their group, the Stop 
The Violence B.C. Coalition, has pointed to opinion polls that 
suggest a majority of British Columbians agree with them.

But the Liberal government has largely opted to ignore marijuana 
reform, pointing out that drug laws are in the federal government's 
jurisdiction. During the most-recent provincial election campaign, 
Premier Christy Clark ridiculed her NDP opponent for even taking a 
position on the issue. Larsen's petition, however, could force 
Clark's Liberals to finally tell voters where they stand.

While neither the petition nor a potential referendum would be 
binding, the process could send the issue to the provincial 
legislature for a vote.

B.C.'s initiative legislation, which was successfully used to kill 
the province's harmonized sales tax two years ago, allows any voter 
to bring forward proposed legislation in the form of a petition.

If a petition collects enough valid signatures, it is then sent to a 
legislative committee - which, in this case, would be dominated by 
the governing Liberal party.

The committee can either send the petition directly to the 
legislature for consideration or ask Elections BC to hold a province 
wide referendum, which would require both a majority of voters across 
the province to approve the proposal, as well as majorities in 
two-thirds of the province's ridings.

Even then, a successful referendum would merely send the proposal 
back to the legislature, where it could be amended or voted down.

Larsen said it would be difficult for the government to ignore the 
results of a referendum if a clear majority of voters supported his proposal.

"The Liberals didn't want to get rid of the [harmonized sales tax], 
either, but they went along with the public on that issue after a 
referendum," he said.

"It's very challenging for a government to refuse to go along with a 
referendum, which is the ultimate voice of the people. It would be 
very undemocratic and unpopular."

Justice Minister Suzanne Anton repeated the province's position that 
drug laws are within federal jurisdiction and she said the Liberal 
government does not have an opinion about whether marijuana should be 
decriminalized.

"This is a Canadian federal law, and we don't have any intention of 
getting involved in it," she said in an interview.

"If it actually did come forward [with enough signatures on the 
petition], then we would have to consider the constitutionality of 
it. I can't tell the police what to do. They make their own 
operational decisions. It's their obligation to carry out the criminal law."

Neil Boyd, a criminology professor at Simon Fraser University who has 
worked with the Sensible BC campaign, acknowledged it's not entirely 
clear what would happen if the province ordered police to stop 
enforcing marijuana laws, particularly when it comes to the federal 
RCMP, which provides much of the municipal policing in B.C.

"The province in B.C. does have power over the administration of 
justice, so it would be entirely reasonable for them to say to police 
forces that they do not want police forces prosecuting people for 
simple possession of cannabis," said Boyd.

"The specific initiative of amending the Police Act - it's unclear to 
me how that would be responded to. Of course, it opens up the door to 
a potential showdown with the RCMP and the federal government."

At the very least, Boyd said the petition campaign will continue to 
drive a public debate that politicians have been eager to avoid.

"The more important issues are raising these questions and asking for 
answers," he said.

"No answers have been forthcoming."
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MAP posted-by: Jay Bergstrom